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DAM-L Sadar-Sarovar - request re new proposed legal changes re resettlement



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Date: Fri, 16 Nov 2001 17:45:36 -0800 (PST)
Message-ID: <200111170145.fAH1jag25139@DaVinci.NetVista.net>
Subject: Action Alert!!! Write to Chief Minister, MP
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Dear Friends

With regard to the Sardar Sarovar Project (SSP) in the Narmada valley, we
have learnt that the latest move of the Government of Madhya Pradesh is to
change the law concerning rehabilitation.  This proposed ‘amendment’ in the
Narmada Water Dispute Tribunal (NWDT) Award is meant to deny the land for
the SSP oustees in the state, which is the very basis of resettlement policy
for the SSP affected villages.

According to the Agenda Notes of the Rehabilitation and Resettlement (R&R)
sub-group of the Narmada Control Authority (NCA) held on August 29, 2001 in
Bhopal, the Madhya Pradesh Government (GoMP) has proposed an Amendment in
the NWDT Award that, “The displaced family shall have the option of
obtaining full compensation …An option once exercised shall be final and no
claim for allotment of land can be made afterwards”.The governments of
Gujarat and Maharashtra too seem to be party to this move and are likely to
take a decision regarding this proposal in November 2001.

The Chief Minister of M.P., Mr. Digvijay Singh has admitted to this on
several occasions that  the Madhya Pradesh Government has no land for
resettlement of oustees of the dam. However, instead of admitting its
failure to resettle the people, and disallowing any further construction
till people have been adequately resettled, the state government is bent
upon changing the law, which makes it an obligation on the government to
give land in lieu of the land to the oustees.

The proposed amendment

* is in violation of the principles of the NWDT Award, which the governments
have proclaimed as inviolable till the other day.

* It also goes against the order of the Supreme Court. Supreme Court, in its
order, in October 2000, permitted the resumption of the work on the dam and
take its height upto 90 meters in the initial stage, and then raise it at
each stage following the provisions of the NWDT about resettlement- that is,
the land-based resettlement.

* Such a step would have far reaching effects, not merely on the SSP oustees
of the oustees of other projects like Maheshwar etc in the Narmada valley,
but on all the project affected people in Madhya Pradesh and elsewhere.

* It violates the basic values and premises of the Constitution of India,
which confers the right to life and equality to all. But, the Governments
want the dam at any cost- even at the cost of the lives of the people and
the principles of justice.


There is an urgent need to oppose this pernicious scheme by the dam-builders
and resist such attempts to play with the rights and lives of the people and
with the law of the land.



WE MUST RESIST THIS CIRCUMVENTION OF THE LAW

Write/ make a phone call/fax letter/ meet/ to the following, opposing the
illegal and unjust efforts…

·       Digvijay Singh, Chief Minister of Madhya Pradesh,( Shyamla Hills,
Bhopal, Ph: 0755-661503, Fx. 540501).
·       C. Gopal Reddy, Chairman R&R Sub-Group of NCA, Secretary, Ministry
of Social Justice and Empowerment, Shastri Bhavan, New Delhi-1 ( Ph.
011-3385180)
·       Mr. K.R. Narayanan, President of India, Rashtrapati Bhavan, New
Delhi-1 ( Ph: Ph./Fx: 011-3017290,3014570).
·       Mr. Atal Behari Vajpayee, Prime Minister of India, 7, Race Course
Road, New Delhi-1 (   Fx:011-3026857/3019545).


Please do act as early as possible to save the people’s rights and lives in
the Narmada valley.

SAMPLE LETTER

To,
The Honourable Digvijay Singh,
Chief Minister,
Madhya Pradesh,
Vallabh Bhavan,
Bhopal 4.11.2001
									16th November 2001


Dear Mr. Digvijay Singh,


Sub: Amendment of the Narmada Water Disputes Tribunal Award.


This is with reference to the meeting of the Narmada Control Authority,
scheduled for the 20 November 2001.

We would like to raise some of our concerns regarding the proposed amendment
to the Narmada Water Disputes Tribunal Award of 1979, related to the ‘land
for land’ policy for those displaced by the Sardar Sarovar Project

Recognizing that an overwhelming majority of those displaced by the SSP
belong to agriculturist communities, the NWDT Award clearly stipulates the
principle of land for land as the basis for any rehabilitation efforts
therein.

We would like to point out that the directions issued by the Honourable
Supreme Court of India in Narmada Bachao Andolan vs. Union of India, writ
petition no. 319 (1994), lay down that construction of the SSP must be in
accordance with the NWDT Award. It thus follows that as per the Supreme
Court, the land for land principle must be followed and not doing so would
be in violation of the Court's direction.

In light of the above we wish to emphasise that the ‘land for land’ policy,
is truly the only safeguard against marginalisation and destitution of SSP
oustees. The right to life and livelihood of persons affected by the SSP, as
enshrined in Article 21 of the Constitution of India, can be promoted and
protected only if the land for land policy is kept intact and those who
would lose their lands to the SSP are provided with alternative irrigable
land.

We therefore strongly urge you not to propose an amendment of the NWDT award
wherein land for land could be substituted for cash compensation as this
would only lead to the further disenfranchisement of those being displaced.

Thank you,
Yours sincerely,









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